Shanthi, v. R.Balagurusamy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.1116 of 2015 Shanthi ... Appellant/Petitioner Vs.

1. R.Balagurusamy

2. The Divisional Manager, National Insurance Company Limited, United Shopping Complex, 2nd Floor, Dr.Nanjappa Road, Coimbatore.

... Respondents/Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal and enhance the award amount in M.C.O.P.No.295 of 2010 on the file of the Motor Accident Claims Tribunal, (Sub Judge), Kulithalai dated 06.09.2014. For Appellant : Mr.T.Selvakumaran For Respondents : Mr.J.S.Murali for R2 R1-Dispensed with

JUDGMENT

Heard the learned counsel on either side.

2.The injured claimant has filed this appeal seeking enhancement of the compensation awarded to her. The injured suffered fracture in her left hand and right leg. She was an inpatient in a hospital for 18 days. She took treatment and underwent surgery in three hospitals. The doctor assessed her disability at 52%. But a sum of Rs.1,20,200/- alone was awarded. Therefore, the compensation payable to the claimant can be reworked as follows:- Sl.No Heads Amounts in Rupees 1.

For disability Rs. 1,56,000/- 2.

For medical expenses Rs. 4,000/- 3.

For transportation Rs. 10,000/- 4.

For extra nourishment Rs. 15,000/- 5.

For pain and suffering Rs. 50,000/- 6.

For loss of amenities Rs. 15,000/- https://hcservices.ecourts.gov.in/hcservices/ 7.

For attender charges Rs. 10,000/- Total Rs. 2,60,000/-

3.The compensation payable to the claimant is enhanced from Rs.1,20,200/- to Rs.2,60,000/-. The award dated 06.09.2014 made in M.C.O.P.No.295 of 2010, on the file of the Motor Accident Claims Tribunal, (Sub Judge), Kulithalai, is modified accordingly. 4.The second respondent is directed to deposit the compensation amount of Rs.2,60,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by her, if any, by filing proper application before the Tribunal. 5.This Civil Miscellaneous Appeal stands partly allowed. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Sub Judge, Motor Accident Claims Tribunal, Kulithalai.

+1cc to Mr.J.S.Murali, Advocate Sr.No.90454 +1cc to Mr.T.Selvakumaran, Advocate Sr.No.90391 TSG VB/GT/SAR1/23/01/2018/2P/4C C.M.A.(MD)No.1116 of 2015 29.11.2017 https://hcservices.ecourts.gov.in/hcservices/